Worknation

Introduction

You are entering into this Contract with Worknation (also referred to as “we” and “us”).

When you use our Services, you agree to all of these terms and conditions. You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding agreement with Worknation (even if you are using our Services on behalf of an organisation). If you do not agree to these terms, do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this terms and conditions, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This terms and conditions applies to www.worknation.africa, Worknation branded apps, and other Worknation related sites, apps, communications and other services that state that they are offered under this terms and conditions (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”.

Members and Visitors

This terms and conditions apply to Members and Visitors.

When you register and join Worknation as but not limited to either a talent, employer, recruitment agency, training academy, sponsor or Business Process Outsourcing (BPO), you become a Member. In order to benefit from the services offered by Worknation, you must register an account on the Website (“Account”) by completing the form by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Account with any third party for any reason. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

You are not allowed to develop, support or use software, devices or scripts to scrape the content on the website.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our privacy statement and data protection policy, Cookie Policy and other documents referenced in the Privacy Policy) and updates.

Obligations

Service Eligibility

You’re eligible to enter into this terms and conditions as a talent if you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16.

For employers, training academy, sponsors and BPOs you are eligible to enter into this terms and conditions provided you are a juristic person duly registered under applicable laws.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older or you must be duly incorporated; (2) you will only have one Worknation account, which must be in your real or registered company name; and (3) you are not already restricted by Worknation from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Worknation to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

“Juristic Person” refers to a non-human entity recognized by law as having its own legal rights and responsibilities similar to a natural person.

Your Account

You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our rules. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your talent or employer), your account belongs to you. However, if the Services were purchased by another party registered on Worknation for a talent to use (e.g. Recruiter, Sponsor, BPOs, Organisation or any third party), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

Setting up an Account

In setting up your Account, you may be prompted or required to enter additional information, including date of birth, location, company information (for juristic person) and any other information that will help us to tailor the services to suit you.

You undertake to us that all information provided by you in relation to your Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your Account details safe.

By registering with Worknation as a talent, you agree (in addition to the Acceptable Use Conditions below) that you:

are, and will continue to be, registered for the Website only once and will not set up multiple Accounts.
will not let anyone else use your Account.
will not cheat on any assessment or exam relating to the Online Content and Courses, nor share solutions to assigned work; and
will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other individual cheating or breaching these Terms.

If you are disqualified for any reason under this paragraph, we may prohibit your access or revoke your access temporarily or stop your participation in the Online Content and Courses.

By registering with Worknation as an employer, you agree (in addition to the Acceptable Use Conditions below) that you:

are, and will continue to be, registered for the Website only once and will not set up multiple Accounts.
will not let anyone else use your Account.
will not use the Account for any other purposes other than the purpose for which you have signed up, i.e., recruitment of talents into available job opportunities.

If you are disqualified for any reason under this paragraph, we may prohibit your access or revoke your access to Worknation’s Services temporarily or permanently, subject to the nature of the breach.

By registering with Worknation as a sponsor, you agree (in addition to the Acceptable Use Conditions below) that you:

are, and will continue to be, registered for the Website only once and will not set up multiple Accounts.
will not let anyone else use your Account.
will not use the Account for any other purposes other than the purpose for which you have signed up, i.e. sponsorship of programs and/or internships on Worknation.

By registering with Worknation as a Recruiter, you agree (in addition to the Acceptable Use Conditions below) that you:

are, and will continue to be, registered for the Website only once and will not set up multiple Accounts.
will not let anyone else use your Account.
will not use the Account for any other purposes other than the purpose for which you have signed up, i.e., recruitment of talents into available job opportunities and internships on Worknation.

By registering with Worknation as a BPO, you agree (in addition to the Acceptable Use Conditions below) that you:

are, and will continue to be, registered for the Website only once and will not set up multiple Accounts.
will not let anyone else use your Account.
will not use the Account for any other purposes other than the purpose for which you have signed up, i.e., recruitment of talents into available job opportunities and internships on Worknation.

Using the Website (Member conduct)

By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time).

Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

Talents agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent and does not have the intention or effect of damaging us either reputationally or financially.
Employers, Sponsors, Recruiters, BPOs agree to use the Website and access the Talent pool only for lawful purposes and your use of the Website and Talent pool is in no way unlawful or fraudulent and does not have the intention or effect of damaging us either reputationally or financially.
You agree not to distribute all or any part of the Website, Online Content and Courses, or Member information in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms.
You agree not to alter or modify any part of the Website, Online Content and Courses, or Member information.
You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari.
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses.
You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to: the sale of access to the Online Content and Courses, Member information, or any associated content; the solicitation of business in the course of trade or in connection with a commercial enterprise; and the solicitation of any Visitors or Talents of the Website with respect to their content for commercial purposes.
You agree to use the Website and access the Online Content and Courses and Member information in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.
You agree not to ask for, collect or harvest any personal data of any Visitor or Member of the Website or Online Content and Courses.
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent.
You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Worknation server or the network(s) connected to any Worknation server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website.
You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts).
You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages.
You agree not to access or attempt to access any other Visitor or Member’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present.
You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these terms and conditions and the policies.

You agree to comply with these Terms in relation to any Learner Content provided by you in connection with the Online Content and Courses and in connection with the ability to post messages.

We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Talents generally for whatever reason, at our sole discretion, and we may stop providing Talent information to an Employer, Recruiter, BPO, Training academy or Employers generally, without prior notice.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

Training Academies

We may make certain Online Content and Courses available to Talents who are registered students and/or employees of our Partner Institutions and other educational institutions, corporates, sponsors, non-profit organisations and individuals (together “Course Providers”).

Your access to such Online Content and Courses may be provided to you through your Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise participating in, a Partner Institution and are taking Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that Partner Institution, you acknowledge and agree that:

the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving Accreditation for the Online Content and Courses, and your educational or student records as they may relate to your participation and performance in the Online Content and Courses.

We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the Course Administrator and/or the Partner Institution, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgment or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any university or other certifying institution, and will not stand in the place of a course taken at a Partner Institution or convey academic credit or certification for any Partner Institution and you acknowledge that the Course Administrator will not be obligated to make any attempts to get the course recognised by any Partner Institution or other educational establishment.

If you are a Talent taking any Online Content and Courses for Accreditation at a Partner Institution, any Accreditation may only be awarded directly by that Partner Institution based on its own policies and procedures, and you may be required by that Partner Institution to be registered or enrolled with that Partner Institution in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Online Content and Courses.

We may make certain revision books and study aids available for purchase while you are participating in the Online Content and Courses. We will provide links to third party websites to enable you to make these purchases.

An organisation (which may be a Partner Institution, your employer, or a third party otherwise in collaboration with Worknation) may invite you to: (i) participate in a specific course; or (ii) join their organisation. By accepting the organisation’s invitation, you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you prior to your acceptance of the invitation sent to you by the inviting organisation.

You may choose to take Online Content and Courses which provide for digital only certification. This will be stated at the time of purchase. You acknowledge and agree that we and the Partner Institution have no requirement or obligation to provide you with any other form of certification for successfully completing the Online Content and Courses.

Payment

You’ll honour your payment obligations, and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy.

Notices and Messages

You’re okay with us providing notices and messages to you through our website, app, and contact information. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date. Please review your settings to control and limit messages you receive from us.

Rights and Limits

You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honour the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and Worknation, you own the content and information that you submit or post to the Services, and you are only granting Worknation and our affiliates the following non-exclusive license:

A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. You and Worknation agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

You may only use the content on our platform for your own personal or business learning and you are not allowed to adapt it or distribute any of it to anybody else. The content we provide on our platform is owned by us. You have no rights over that content except as provided in the contract.

By submitting suggestions or other feedback regarding our Services to Worknation, you agree that Worknation can use and share such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful.

We have the right to limit how you connect and interact on our Services. Worknation reserves the right to limit your use of the Services. Worknation reserves the right to restrict, suspend, or terminate your account if you breach this terms and conditions or the law or are misusing the Services.

Service Availability

We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice.

Intellectual Property Rights

Worknation reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. “Worknation”, and its logo and other Worknation trademarks, graphics and logos used for our Services are trademarks or registered trademarks of Worknation.

We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.

Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.

You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

Data Protection and Processing

We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

Your Liability to Us

You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

you submitting Learner Content to the Website or participating in the Online Content and Courses.
your access to or use of the Website, Services or Online Content and Courses.
your breach of any of these Terms (including but not limited to any breach of your obligations for Paid for Access); and
any negligent act or omission, deliberate default or breach of statutory duty on your part.

Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

This clause survives the expiry of these terms and conditions.

Our Liability to You

Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

The Website, Services and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.

We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):

any loss of profit (directly or indirectly);
any loss of goodwill; and
any loss of opportunity.

We provide the Services, Online Content and Courses on the Website in good faith but give no warranty or representation that the Services, Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Services, Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.

We accept no responsibility for any loss or damage incurred by you as a result of:

any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Services, Online Content and Courses.
any changes which we may make to the Website, Services or Online Content and Courses, or for any temporary interruptions in the provision of the Website, Services or Online Content and Courses.
the deletion of, corruption of, or failure to store, any Services, Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website.
your failure to provide us with accurate account information; or
your failure to keep your account details secure and confidential.

We reserve the right to suspend your use of the Website and/or access to the Services, Online Content and Courses at any time for operational, regulatory, legal or other reasons.

We may terminate your Account or access/use of the Website with immediate effect:

if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms.
in order to prevent any fraudulent, unlawful or abusive activity; or
if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website, Members, or the general public.

Governing Law

These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws applicable in your jurisdiction.

Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to Arbitration in accordance with the applicable arbitration laws in your jurisdiction. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to Arbitration to resolve any such dispute.

Notwithstanding the above, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

Changes to the Website and these Terms

We may update or amend these Terms (as well as our Policies or any other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website and you are advised to check this page every time you use the Website.

For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Services, Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Other Important Terms

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.

We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.

These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

General Terms & Conditions